- 23 - release from the defamation claim. Each side demanded terms that the other rejected. Settlement Reached On Wednesday, April 24, 1996, only days after petitioner’s discharge, petitioner and UTA reached an agreement. UTA agreed to pay petitioner $4 million to settle the defamation claim and $2 million plus the back-end payments to settle the breach of contract claim.11 Petitioner wanted payment up front; however, UTA would not agree to an up-front payment. At the time of the settlement, the back-end payments were estimated to be worth approximately $2 million. As of the time of trial, petitioner had received significantly more than $2 million in back-end payments, and the back-end payments were continuing to be made to petitioner. That same day, Ms. Dillman faxed a letter to UTA regarding the settlement reached between petitioner and UTA (April 24, 1996, letter). Also on that day, Mr. Berkus made handwritten 11 The agreement also consisted of many other monetary and nonmonetary aspects. These included a confidentiality provision, petitioner’s right to audit UTA, UTA’s reimbursement of unpaid expenses petitioner incurred for UTA, UTA’s provision of health insurance to petitioner, UTA’s payment of petitioner’s accrued vacation days, UTA’s payment of all petitioner’s legal fees incurred in connection with “this dispute”, petitioner’s refraining from interfering with collection of accounts receivable from petitioner’s clients, petitioner’s refraining from disclosing UTA trade secrets, petitioner’s ability to compete against UTA, and the exchange of mutual and general releases.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011